South Carolina General Assembly
107th Session, 1987-1988

Bill 1371


                    Current Status

Bill Number:               1371
Ratification Number:       594
Act Number                 525
Introducing Body:          Senate
Subject:                   Self-insurance certificates
                           permitted
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A525, R594, S1371)

AN ACT TO AMEND SECTION 58-23-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR INSURANCE OR DENIAL OF MOTOR VEHICLE COMMON CARRIER CERTIFICATES, SO AS TO PROVIDE THAT IF AN APPLICATION IS DENIED, ANOTHER APPLICATION MAY NOT BE MADE UNTIL AT LEAST SIX MONTHS HAVE ELAPSED SINCE THE DATE OF DENIAL; AND TO AMEND SECTION 58-23-910, RELATING TO INSURANCE OR BONDING REQUIREMENTS IN ORDER FOR MOTOR VEHICLE CARRIERS TO BE ISSUED A CERTIFICATE, SO AS TO PERMIT A CARRIER TO FURNISH THE PUBLIC SERVICE COMMISSION WITH A CERTIFICATE OF SELF-INSURANCE FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Self-insurance certificates permitted

SECTION 1. Section 58-23-910 of the 1976 Code is amended to read:

"Section 58-23-910. The commission shall, in the granting of a certificate, require the applicant to procure and file with the commission either liability and property damage insurance, a surety bond with some casualty or surety company authorized to do business in this State, or a certificate of self-insurance as provided by Section 56-9-60 on all motor vehicles to be used in the service in that amount as the commission may determine, insuring or indemnifying passengers or cargo and the public receiving personal injury by reason of any act of negligence and for damage to property of any person other than the assured. The

policy, bond, or certificate of self-insurance must contain those conditions, provisions, and limitations as the commission may prescribe and must be kept in full force and effect and failure to do so is cause for the revocation of the certificate."

Six months delay required after denial

SECTION 2. Section 58-23-330 of the 1976 Code is amended to read:

"Section 58-23-330. An applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier may be approved upon a showing the applicant is fit, willing, and able to appropriately perform the proposed service. If an intervenor shows or if the commission determines that the public convenience and necessity is being served already, the commission may deny the application.

If an application is denied, another application may not be made until at least six months have elapsed since the date of the denial."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.